SB 54 — Sex offenders: residency restrictions: petition for relief.
Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law, as amended by Proposition 83 of the November 7, 2006, statewide general election, prohibits any person who is required to register pursuant to the Sex Offender Registration Act from residing within 2,000 feet of any public or private school, or park where children regularly gather. This bill would provide that the 2,000 feet shall be measured by the shortest practical pedestrian or vehicle path. The bill would permit a person who is subject to the residency restriction to petition the superior court of the county within which he or she resides for relief from the requirement. The bill would provide that original jurisdiction for the petition would lie with the appellate division of the superior court in which the petition is filed. The bill would require the petitioner to establish by clear and convincing evidence that there is a pervasive lack of compliant housing in the county and that a substantial percentage of sex offenders are unable to comply despite good faith efforts. The bill would require that, if relief is granted, it shall be narrowly crafted in order to substantially comply with the intent of the people in approving the residency requirements. The bill would provide that if relief is granted or denied, no subsequent petition shall be heard unless the petitioner establishes in the petition, to the satisfaction of the court, that circumstances regarding compliant housing have changed, as provided. Proposition 83 permits the Legislature, by a vote of 23 of the membership of each house and in accordance with specified procedures, to amend the provisions of the act. This bill would therefore require a 23 vote.
Bill Text
- Amended 04/12/11 - Amended Senate Current pdf April 12, 2011
- Introduced 12/16/10 - Introduced pdf December 16, 2010
- SB54 View text html
Action History
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Returned to Secretary of Senate pursuant to Joint Rule 56.
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Set, first hearing. Failed passage in committee. (Ayes 3. Noes 2. Page 741.) Reconsideration granted.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
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Set for hearing April 26.
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Re-referred to Com. on PUB. S.
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Referred to Com. on RLS.
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Read first time.
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From printer. May be acted upon on or after January 16.
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Introduced. To Com. on RLS. for assignment. To print.
Sponsors
- Runner · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Runner
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 2 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 5 | 0 | 0 | 2 |
| % of votes cast | 71% | 0% | 0% | 29% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Hancock | — | Yea |
| Anderson | — | Yea |
| Liu | — | Not Voting |
| Price | — | Yea |
| Steinberg | — | Not Voting |
| Harman | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 2 | 0 | 2 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 3 | 2 | 0 | 2 |
| % of votes cast | 43% | 29% | 0% | 29% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Hancock | — | Nay |
| Anderson | — | Yea |
| Price | — | Nay |
| Harman | — | Yea |
| Liu | — | Not Voting |
| Steinberg | — | Not Voting |
| Calderon, Lisa | Democratic | Yea |
Subjects
Frequently asked questions
- What does SB 54 do?
- Existing law, as amended by Proposition 83 of the November 7, 2006, statewide general election, prohibits any person who is required to register pursuant to the Sex Offender Registration Act from residing within 2,000 feet of any public or private school, or park where children regularly gather. This bill would provide that the 2,000 feet shall be measured by the shortest practical pedestrian or vehicle path. The bill would permit a person who is subject to the residency restriction to petition the superior court of the county within which he or she resides for relief from the requirement. The bill would provide that original jurisdiction for the petition would lie with the appellate division of the superior court in which the petition is filed. The bill would require the petitioner to establish by clear and convincing evidence that there is a pervasive lack of compliant housing in the county and that a substantial percentage of sex offenders are unable to comply despite good faith efforts. The bill would require that, if relief is granted, it shall be narrowly crafted in order to substantially comply with the intent of the people in approving the residency requirements. The bill would provide that if relief is granted or denied, no subsequent petition shall be heard unless the petitioner establishes in the petition, to the satisfaction of the court, that circumstances regarding compliant housing have changed, as provided. Proposition 83 permits the Legislature, by a vote of 23 of the membership of each house and in accordance with specified procedures, to amend the provisions of the act. This bill would therefore require a 23 vote.
- Who sponsors SB 54?
- SB 54 is sponsored by Runner.
- What is the current status of SB 54?
- This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 54?
- Track SB 54 free on One Click Politics — get push/email alerts when it moves.
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